Keeping The Woolf From Your Door - Part 9

Discovery (Part 31)
There is a duty to disclose all documents in a party's control to their opponent. Control means physical possession, right of possession, or right to inspect and take copies.

A List of Documents must contain a "Disclosure Statement" setting out the extent of the search which has been made to locate documents and certify that the maker understands the duty to disclose and has complied as far as he is able.

Standard disclosure is:

a. Documents which adversely affect your case or your opponent's case.

b. Documents which support your opponent's case.

c. Documents which the relevant practice direction requires you to disclose (see protocols).

Duty on parties to make reasonable search for documents - disclosure statement has to say that this duty has been discharged and if not why not?

Disclosure is limited to documents which are or have been in a parties control.

A party's List of Documents must be in the relevant practice form (Form N265).

Disclosure of documents mentioned in a statement of case, witness statement, witness summary, Affidavit or experts report must be disclosed.

Witness Statements
Witness Summaries can be filed by permission of the court if a party is unable to obtain a proper witness statement from a witness. The summaries can include matters known regarding evidence that the witness might give or matters on which a party proposes to question that witness. The witness must be called to actually give oral evidence.

Otherwise witness statements should be restricted to dealing with the issues in a case. Witness statements or witness summaries must contain a "Statement of Truth". This is a statement confirming that the facts in the witness statement / summmary are true. It must be signed by the maker of the witness statement.

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